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(영문) 창원지방법원 2016.07.14 2016노869
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. We can take into account the following circumstances: (a) a single studio; (b) a defendant led to a confession of and reflects on the facts constituting an offense; (c) a distance of drinking driving is about 300 meters; and (d) a person does not cause any other injury, such as a traffic accident.

On the other hand, the Defendant was punished three times in total due to drinking driving, and the Defendant was sentenced to two years of imprisonment for six months due to driving under the influence of alcohol in 2014 and committed the instant crime of driving under the influence of alcohol with a higher alcohol level of 0.117% during the period of the suspension of the execution (Provided, That the current period of suspension of the execution was imposed, but the current period of suspension of the execution was imposed). The lower court, including the above circumstances, determined a sentence by fully considering the overall circumstances of the Defendant’s sentencing, and determined it within reasonable scope.

Since the court below's punishment is too large, so it is not recognized as unfair.

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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